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private sales

ginger49023ginger49023 Member Posts: 655 ✭✭✭✭
edited November 2007 in Ask the Experts
I live in Michigan.

I am confused as to buying and selling laws regarding private ownership.

I own several rifles and handguns.

May I sell a long gun to another citizen without all of the normal paper trail? In other words, one citizen to another for agreed upon payment.

And, if yes as to the long gun, what about a privately owned hand gun?

Thanks for the help.

Comments

  • FatstratFatstrat Member Posts: 9,147
    edited November -1
    As far as Federal Regs, I believe you may sell both to another resident of your state w/o a transfer. You can in Okla. But I think some states may have their own laws that may apply.
    If you make a private "in state" sale to a person you don't know, it's best to make a copy of their Drivers License on a written/signed bill of sale to keep for your records. In case they use a gun registered to YOU in a crime. You'll have a record of who you sold it to.
  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    MI requires state approval of all handgun transfers, except for those to a CCW holder.

    My recommendation is that you not sell ANY firearm in a private sale. Can you tell by looking at someone if he is an alcoholic? A drug user? Has a 30-year-old felony conviction? Was committed to a mental hospital at one time? Do you know how to spot a phoney drivers license?

    Play it safe. Only sell guns to an FFL/C&R holder. The consequences of making a mistake can ruin your life. Let a dealer run the NICS check; your piece of mind is worth his small fee.

    Neal

    "Just because you are paranoid, that doesn't mean that they aren't out to get you."
  • WaltherP-38WaltherP-38 Member Posts: 76 ✭✭
    edited November -1
    nmeyers hit the nail on the head. It's not worth ruining your life over a gun sale,let a dealer get involved.
  • duckhunterduckhunter Member Posts: 7,687 ✭✭✭
    edited November -1
    Have your dealer do the transfer. Be safe!!!!!!!!!!!!!!
  • HerschelHerschel Member Posts: 2,035 ✭✭✭✭✭
    edited November -1
    nmyers, duckhunter and WaltherP-38 have probably given good advice about going through a dealer but it is a sad day when pro-gun (I am assuming pro-gun)) people are discouraging law abiding citizens with no criminal record from selling guns to each other.
  • non mortuusnon mortuus Member Posts: 649 ✭✭✭✭
    edited November -1
    quote:Originally posted by Herschel
    nmyers, duckhunter and WaltherP-38 have probably given good advice about going through a dealer but it is a sad day when pro-gun (I am assuming pro-gun)) people are discouraging law abiding citizens with no criminal record from selling guns to each other.

    If only criminals had to tell you they were criminals [:(]
  • AZEXAZEX Member Posts: 1,163 ✭✭✭✭✭
    edited November -1
    Move to a free state.

    D.
  • sandwarriorsandwarrior Member Posts: 5,453 ✭✭✭
    edited November -1
    ginger49023,

    It appears from what I've read about Michigan Firearms law:

    http://www.legislature.mi.gov/documents/publications/firearms.pdf

    That they are pretty long gun friendly and pretty stiff with handguns. You can sell a long gun to anyone who is a resident of your state. In order to purchase, transport, carry, or possess a pistol it appears you need to have a license to do so. It states that in section 28.422 and is further expounded upon by the Attorney General on page 187.

    This is where it gets tricky. If you sell a long gun keep a bill of sale. If you sell a handgun or any firearm under thirty inches in full operable condition then you need to see a license for that before you sell. As Michigan resident must have a permit to posses as well as purchase. The 'purchaser' will also need to report this to his local law enforcement entity. How are you going to make him do that? Have him sign a contract that he will and notify them yourselves.

    But, you still don't need to have an FFL in the middle of your sale in Michigan.
  • NateNate Member Posts: 168 ✭✭✭
    edited November -1
    As a fellow Michigander, I have had to deal with this a few times.

    Long gun requires no work on your part. I would get a receipt and ask the necessary questions first. Many do not do this. The last one I did the guy didn't even get my name, ask to see an ID or anything. I handed him the cash and he handed me the rifle.

    If you are transferring a hand gun and the buyer has a concealed pistol license. You fill out a form available on the state website.

    http://www.michigan.gov/documents/ri-060_6454_7.pdf

    You send one copy into the state police and the other two go with the buyer so he/she can have the "safety inspection" done at police department/sheriff office.

    If the buyer does not have a concealed pistol permit then he/she has to go down the police department/sheriff office and get a purchases permit. It will look allot like the attached form, but the buyer would already have the necessary checks done.
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